10 Insights for Solicitors Handling Paediatric Neurological & Birth Injury Claims

Drawing directly from his recent INNEG webinar, Consultant Paediatric Neurologist, with almost 20 years medico-legal experience, Dr Aniraban Majumdar shares 10 insights for solicitors dealing with complex paediatric neurological and birth injury claims.

Early neurological evidence can provide important answers about causation, but it may not tell you how a child’s condition will develop over time.

Dr Majumdar explains why causation and prognosis may need to be considered at different stages, how neuroplasticity can affect early predictions, and why the accepted explanation for a child’s presentation should sometimes be questioned.

For solicitors, these distinctions can influence when to obtain expert evidence, what questions to ask and which additional disciplines may ultimately be required.

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Dr Majumdar has more than 24 years’ experience in paediatrics and almost 20 years as an independent expert witness, advising both Claimant and Defendant solicitors in complex neurological and birth injury matters.

Based on his recent INNEG webinar, this guide brings together 10 of Dr Majumdar’s key insights on neurological development, causation, condition and prognosis, alternative diagnoses and expert evidence.

Inside you’ll learn:

• Why early MRI cannot predict the whole long-term picture.
• Why time can change the neurological picture.
• Why causation and prognosis may need to be considered at different stages.
• Why cerebral palsy should not be viewed solely through motor impairment.
• Which difficulties may only become apparent as a child develops.
• When an alternative genetic or metabolic explanation should be considered.
• How a cerebral palsy-like presentation can have a treatable cause.
• Why neurodiversity should not automatically be attributed to a birth injury.
• When paediatric neurology may lead to further specialist evidence.
• Why Dr Majumdar asks solicitors for “conciseness and clarity” when instructing.

A key theme throughout the discussion is that the neurological picture can evolve considerably as a child develops. Early imaging and assessment may provide valuable evidence, but some cognitive, sensory and neurodevelopmental difficulties may not become apparent until later.

Dr Majumdar also explains why causation can sometimes be addressed earlier than condition and prognosis, and why a paediatric neurologist should remain alert to alternative explanations where the clinical presentation does not fit neatly with the alleged mechanism of injury.

For solicitors, the guide provides Dr Majumdar’s perspective on when neurological evidence can answer the question being asked, when greater certainty may require time, and when another specialist discipline may need to become part of the expert team.